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CITIZENS' BOND OVERSIGHT COMMITTEE BYLAWS

Section 1. Committee Established. The McFarland Unified School District (the "District" was successful at the election conducted on March 2, 2004 (the "Election"), in obtaining authorization from the District's voters to issue up to $8,300,000 aggregate principal amount of the District's general obligation bonds, pursuant to a 55% vote. The election was conducted under Proposition 39, being chaptered as the Strict Accountability in Local School Construction Bonds Act of 2000, at Section 15264 et seq. of the Education Code of the State ("Prop 39). Pursuant to Section 15278 of the Education Code, the District is now obligated to establish the Oversight Committee to satisfy the accountability requirements of Prop 39. The Board of Trustees of the McFarland Unified School District (the "Board") hereby establishes the Citizens' Bond Oversight Committee (the "Committee") which shall have the duties and rights set forth in these Bylaws. The Committee does not have independent legal capacity from the District.
 
Section 2. Purposes. The purposes of the Committee are set forth in Prop 39, and these Bylaws are specifically made subject to the applicable provisions of Prop 39 as to the duties and rights of the Committee. The Committee shall be deemed to be subject to the Ralph M. Brown Public Meetings Act of the State of California and shall conduct its meetings in accordance with the provisions thereof. The District shall provide necessary administrative support at District expense to the Committee as consistent with the Committee's purposes as set forth in Prop 39.
 
The proceeds of general obligation bonds issued pursuant to the Election are hereinafter referred to as "bond proceeds." The Committee shall confine itself specifically to bond proceeds generated under the ballot measure. Regular and deferred maintenance projects and all monies generated under other sources shall fall outside the scope of the Committee review.
 
Section 3. Duties. To carry out its stated purposes, the Committee shall perform the following duties:
  • 3.1 Inform the Public. The Committee shall inform the public concerning theDistrict's expenditures of bond proceeds.
  • 3.2 Review Expenditures. The Committee may review quarterly expenditure reports produced by the District to ensure that
    •  (a) bond proceeds are expended only for the purposes set forth in the ballot measure;
    • (b) no bond proceeds are used for any teacher or administrative salaries or other operating expenses.
  • 3.3 Annual Report. The Committee shall present to the Board, in public session, an annual written report which shall include the following:
    • (a) A statement indicating whether the District is in compliance with therequirements of Article XIIIA, Section l(b)(3) of the California Constitution; and
    • (b) A summary of the Committee's proceedings and activities for thepreceding year. 
    • (h) The amendment or modification of the Bylaws for the Committee as provided herein, subject to the legal requirements of Prop 39.
    • (i) The appointment or reappointment of qualified applicants to serve on the Committee, subject to legal limitations, and based on criteria adopted in the Board's sole discretion as part of carrying out its functions under Prop 39.
 
Section 4. Authorized Activities.
 
4.1 In order to perform the duties set forth in Section 3.0, the Committee may engage in the following authorized activities:
  • (a) Receive and review copies of the District's annual independent performance audit and annual independent financial audit, required by Article XllA of the California Constitution.
  • (b) Inspect school facilities and grounds for which bond proceeds have been or will be expended, in accordance with any access procedure established by the District's Superintendent.
  • (c) Review copies of deferred maintenance proposal or plans developed by the District.
  • (d) Review efforts by the District to maximize bond proceeds by implementing various cost-saving measures.
 
Section 5. Membership.
 
5.1 Number. The Committee shall consist of a minimum of seven (7) members appointed by the Board of Trustees from a list of candidates submitting written applications, and based on criteria established by Prop 39, to wit:
 
  • One (1) member active in a business organization representing the business community located in the District.
  • One (1) member active in a senior citizen's organization
  • One (1) member active in a bona-fide taxpayers association
  • One (1) member shall be a parent or guardian of a child enrolled in the District.
  • One (1) member shall be both a parent or guardian of a child enrolled in the district and active in a parent-teacher organization or school site council.
  • Two (2) members of the community at-large appointed by the Board.
  • number of Committee members shall constitute a quorum for the transaction of any business except adjournment.
 
Section 7. District Sup~ort.
 
7.1 The District shall provide to the Committee necessary technical and
administrative assistance as follows:
  • (a) preparation of and posting of public notices as required by the Ralph M. Brown Act, ensuring that all notices to the  public are provided in the same manner as notices regarding meetings of the District Board;
  • (b) provision of a meeting room, including any necessary audio/visualequipment;
  • (c) preparation and copies of any documentary meeting materials, such as agendas and reports; and
  • (d) retention of all Committee records, and providing public access to such records on an Internet website maintained by the District.
 
7.2 District staff andlor District consultants shall attend all Committee proceedings in order to report on the status of projects and the expenditures of bond proceeds.
 
7.3 No bond proceeds shall be used to provide District support to the Committee.
 
Section 8. Reports. In addition to the Annual Report required in Section 3.2, the Committee may report to the Board at least semi-annually in order to advise the Board on the activities of the Committee. Such report shall be in writing and shall summarize the proceedings and activities conducted by the Committee.
 
Section 9.  Officers. The Superintendent shall appoint the initial Chair. Thereafter,
the Committee shall elect a Chair and a Vice-Chair who shall act as Chair only when the Chair is absent, which positions shall continue for two (2) year terms. No person shall serve as Chair for more than two (2) consecutive terms.
 
Section 10. Amendment of Bvlaws. Any amendment to these Bylaws shall be
approved by a two-thirds vote of the entire Board.
 
Section 11. Termination. The Committee shall automatically terminate and disband at the earlier of the date when (a) all bond proceeds are spent, or (b) all projects funded by bond proceeds are completed.
 

Resources
Bylaws .pdf format file ( 103.8 KB )

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